Privacy Notice - Planning

Why we collect information about you

We collect and hold information about those:

  • making an application
  • contributing to applications and consultations
  • making enquiries, requests and complaints
  • reporting alleged breaches of planning control
  • who own or are responsible for land, buildings or structures where a breach of planning control has occurred or a notice is issued
  • contributing to planning policy documents including the local plan and neighbourhood plans
  • who have indicated an interest in self and custom build housing

This information is collected and stored so that we can administer the services and statutory obligations of Planning, Planning Enforcement and Planning Policy.

We collect and hold contact information by making requests to Land Registry for the purposes of:

  • informing land owners of policy consultations
  • investigating allegations of and issuing notices relating to breaches of planning control

We may receive and collect special categories of personal information where these form part of an application such as:

  • health data
  • political opinions
  • race/ethnic origin
  • religion or beliefs

How will we use the information we hold about you?

We will collect information about you so that we can:

  • assess fee exemptions
  • advise you about a consultation
  • determine an application
  • provide updates
  • tell you the outcome of an application, enquiry, request or investigation
  • notify you of the date of public meetings
  • notify you if an appeal is received
  • issue and serve a notice
  • identify the demand for self and custom build housing

What is the basis for us to process your data?

The basis for processing the data is:

  • Our legal obligation under acts and supporting legislation, including those listed at the end of this statement
  • We will require your consent to hold your contact details for the purposes of regular communications / updates and to enable a co-ordinated response for those requesting to speak at Committee

Who we will share your information with

Planning:

By law we must have public registers of applications made since 1948.  These registers can be inspected by anybody.  They have to include the applicant’s name and address, what the application is for, any plans or documents submitted and details of the decision.  Comments received during consideration of the application form “background papers” to the application and are subject to public inspection.

Consultation and notification (by letter, site notice and/or advert) of applications is a requirement of legislation and includes applicant’s name, site address and proposal.  Those informed may include, but is not limited to, statutory consultees, public bodies, town/parish councils, Councillors, neighbouring properties and the local press.

Apart from the applicant’s name and address and the public contributor’s address, the following information will be redacted before the application/comment can be viewed:

  • applicant (phone number, email, signature) 
  • public contributor (name, phone number, email, signature) 

For agents and consultees only signatures will be redacted

Where a number of individuals request to speak at Committee on the same application, the name and phone number given to Democratic Services may, with consent, be provided to other potential speakers.  This is so a co-ordinated response can be presented.

If an appeal is made against a decision, the Appeal Inspector will ask for copies of all the documents we hold, including public comments, and a list of the names and addresses of everyone we have contacted about the appeal.  A copy of all the information given to the Appeal Inspector must also be sent to the appellant.

Health data collected for the purposes of fee exemptions will not be made public.

The outcome of an application to investigate a high hedge complaint will be published on our online application database.

Important

In order to ensure that no unnecessary personal data is published online, please consider the following:

  • We strongly recommend that you indicate any documents (in whole or in part) containing personal information that you do not want to be seen by the public.  However we have a legal duty to make certain details available, so we cannot guarantee that such requests will be approved;
  • Please do not include any information in your application, comments or supporting documents which is not required for the planning process (see our guidance on making an application or comment for more information);
  • In particular please refrain from sending us sensitive information such as health or medical details where these are not required;
  • Please also refrain from including personal information about other people (including family members) in your correspondence with us, unless the individual concerned has consented and you can provide evidence of this consent

Planning Enforcement:

Investigations

The Council will always seek to maintain the confidentiality of the complainant at all times.  However, where an enforcement investigation is taken to Court, it will be necessary to identify the complainant.

Notices

We must also have a public Enforcement Register containing a record of formal notices issued.  This register can be inspected by anybody.

  • Details displayed in the register include the notice type, site address, dates (issued, served and compliance required by) and a copy of the notice
  • We provide all those issued/served a notice with the names and addresses of all other interested parties (owners, mortgagees)
  • If appealed, we inform neighbours and Ward Councillors and may put up a site notice.  This will include the appellant’s name
  • The Appeal Inspector will ask for a list of the names and addresses of everyone we have contacted about the appeal
  • A copy of all the information given to the Appeal Inspector must be sent to the appellant
  • The Appeal Inspector will copy to the appellant and the Local Planning Authority any representations made

Planning Policy:

Comments received on Planning Policy consultations are open to public inspection and can be viewed through our consultation portal. 

Self and Custom Build Register – no personal information is shared however details of demand and requirements will be provided to the North Northamptonshire Joint Planning & Delivery Unit and an appointed planning consultant to enable them to collate and assess the demand for North Northamptonshire.

Failure to provide data

  • Failure to provide an applicant name will mean we are unable to process the application
  • Anonymous comments (no name and address) may mean they cannot be taken into consideration and we will be unable to keep you informed
  • Anonymous complaints (no name and address) relating to alleged breaches of planning control will not be investigated
  • Failure to respond to a Planning Contravention Notice (asking for contact details) is an offence which may result in prosecution

How long do we keep your records?

The registers containing Planning information, including comments and other “background papers”, do not have an expiry date.

All applications, comments, enquiries, requests and complaints (except service complaints) are entered onto our “back office system”.  As a result of this we will always have any details you have supplied to us stored electronically.  Only Kettering Borough Council employees with system permissions can access the data.

Service complaints - We keep personal information contained in complaint files in line with our retention policy. The information will be retained in a secure environment and access to it will be restricted to staff that need to know details of your case.

Special categories of data to determine fee exemption will only be held until the exemption is confirmed and then securely disposed of.

For further information

For details regarding your rights under Data Protection law or how to make a complaint if you think we have mishandled your personal information, please visit www.kettering.gov.uk/privacy

Legislation includes: